ADMJ 103 Lecture Notes - Lecture 13: Actus Reus, Jury Instructions, Determinative
Document Summary
Of another person: congressional intent, plain meaning, context, difficulty of proof. Role of mens rea strict liability exceptions. Think about why we have it to determine when we might be willing to do without it. No excuse laws tiger equivalent in criminal law: Once you enter into this sphere it"s on you. you are on notice, and we will impute to you mens rea if you cause harm. Responsible relationship to a public danger explosives / tigers low penalty / regulatory offenses liquor, food, anti-narcotics, motor vehicles (speeding or parking tickets), building and factory laws. Default rules we assume that the mental state is there via the act itself. Mpc default is to import recklessness into each gap (unfilled slot) (under mpc: can hold to higher standard - if stated in statute, applies to all elements. If common law s/l to easy for ; specific intent is too hard; so default to general intent (unless fits s/l)
